The Primary Medical Services (Northern Ireland) Order 2004 (Consequential Amendments) Order 2004

Article 2

SCHEDULE AMENDMENT OF ENACTMENTS

Medical Act 1983

1.—(1) The Medical Act 1983 is amended as follows.

(2) In the definition of “medical practice” in section 11(4)(1) (provisions supplementary to section 10, etc)—

(a) in paragraph (a), for “provide general medical services under” substitute “perform primary medical services under Article 15B or”; and

(b) omit paragraph (b).

(3) In section 12(2)(a)(2) (special provisions as to employment in health centres), for “or Part 1 of the National Health Service (Scotland) Act 1978 or general medical services under” substitute “, Part 1 of the National Health Service (Scotland) Act 1978 or Article 15B or”.

Medicines (Pharmacy and General Sale—Exemption) Order 1980

2.  In article 4B of the Medicines (Pharmacy and General Sale—Exemption) Order 1980(3) (exemption for health professionals who supply medicinal products under a Patient Group Direction in order to assist doctors or dentists in providing national health services), for paragraph (3)(b)(iii) substitute—

“(iii) in relation to Northern Ireland, the provision of primary medical services under Article 15B or Part VI of the Health and Personal Social Services (Northern Ireland) Order 1972;”.

The Prescription Only Medicines (Human Use) Order 1997

3.  In article 12B of the Prescription Only Medicines (Human Use) Order 1997(4) (exemption for health professionals who supply or administer prescription only medicines under a Patient Group Direction in order to assist doctors or dentists in providing national health services), for paragraph (3)(b)(iii) substitute—

“(iii) in relation to Northern Ireland, the provision of primary medical services under Article 15B or Part VI of the Health and Personal Social Services (Northern Ireland) Order 1972.”.

The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

4.—(1) The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003(5) shall be amended as provided in this paragraph.

(2) In article 10 (the General Practitioner Register)—

(a) in paragraph (4), for sub-paragraph (c), substitute—

“(c) in Northern Ireland, be included in a primary medical services performers list.”;

(b) omit paragraphs (6) and (7).

(3) In Schedule 1 (interpretation)—

(a) in the appropriate alphabetical position insert—

““a primary medical services performers list” means a list of medical practitioners prepared and published pursuant to Article 57G of the Health and Personal Social Services (Northern Ireland) Order 1972;”; and

(b) in the definition of “restricted services principal”(6), for paragraph (c) substitute—

“(c) in Northern Ireland, a general practitioner who had, pursuant to the General Medical Services Regulations (Northern Ireland) 1997 (before their revocation), undertaken to provide general medical services limited to—

(i) child health surveillance services,

(ii) contraceptive services,

(iii) maternity medical services, or

(iv) minor surgery services,

or to any combination of the above;”.

(4) In Schedule 8 (transitional, transitory and saving provisions), in paragraph 22 (general practitioners permitted to work within the National Health Service during the transitional period)—

(a) in sub-paragraph (2), for paragraph (c), substitute—

“(c) in Northern Ireland, inclusion in a primary medical services performers list;”; and

(b) omit sub-paragraphs (4) and (5).

(5) In Schedule 9 (consequential amendments to primary legislation), omit paragraph 7.

(1)

The definition of “medical practice” was inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 35(4)(a) and amended by the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), (“the 2003 Act”), Schedule 11, paragraph 48 and S.I. 2004/957.

(2)

Section 12(2)(a) was amended by the 2003 Act, Schedule 11, paragraph 49 and S.I. 2004/957.

(3)

S.I. 1980/1924; article 4B was inserted by S.I. 2000/1919 and amended by S.I. 2004/865, S.S.I. 2004/212 and S.R. 2004/156.

(4)

S.I. 1997/1830; article 12B was inserted by S.I. 2000/1917 and amended by S.I. 2002/2469 and 2004/865, S.S.I. 2004/212 and S.R. 2004/156.

(5)

S.I. 2003/1250, as amended by S.I. 2004/865 and 2261 and S.R. 2004/156.

(6)

As inserted by S.I. 2004/865, Schedule 1, paragraph 37(5)(b).